South Dakota HB 1109 allows expungement of court and agency records for dismissed protection order cases

Original title: allow for the expungement of records pertinent to dismissed protection order cases.

Last action · February 9, 2026: TabledSponsors: Mike Stevens and 5 others

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Introduced

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Floor Vote

Passed

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What This Bill Proposed

South Dakota House Bill 1109 permits courts to grant the of all records related to dismissed cases, including files held by the Department of Social Services. The measure applies to dismissed petitions filed under chapters governing stalking, physical injury, and domestic abuse protection orders. The bill was tabled in the House on February 9, 2026.

Why it matters

People involved in dismissed proceedings gain the legal option to clear court and social services files related to those cases.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Individuals involved in dismissed protection order cases

Individuals with dismissed protection order petitions become eligible to have their court files and Department of Social Services records expunged.

Directly affected

Department of Social Services

The department is subject to court-ordered expungement of records pertinent to dismissed protection order cases.

Key Facts

Courts may grant the expungement of all records pertinent to the court file and the Department of Social Services if a petition filed pursuant to § 22-19A-8 or § 22-19A-10 is dismissed.
Courts may grant the expungement of all records pertinent to the court file and the Department of Social Services if a petition filed pursuant to § 25-10-3 or § 25-10-4 is dismissed.
Expungement is defined by § 23A-3-26.
The measure was introduced in the South Dakota House on January 22, 2026, and was tabled on February 9, 2026.

Frequently Asked Questions

What does HB 1109 allow a court to do?

If a court dismisses a petition initially or after a hearing, the court may grant the of all records pertinent to the court file, including those on file with the Department of Social Services.

Which agencies or files are affected by the expungement provision?

The covers all records pertinent to the court file as well as any records on file with the Department of Social Services.

What else do you want to know?

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Where This Stands

This bill did not become law - Tabled in the House.

Procedural history

2 actions

Feb 9, 2026House
Tabled
Jan 22, 2026HouseIntroduced
First read in House and referred to

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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